SMNI seeks TRO on NTC suspension

MANILA, Philippines —  Sonshine Media Network International (SMNI) yesterday asked the Court of Appeals to stop the National Telecommunications Commission from implementing the 30-day suspension that the NTC imposed on the network for alleged franchise violations.

SMNI counsels Mark Tolentino and Rolex Suplico filed a petition for certiorari, asking for a temporary restraining order on the NTC order, which was issued on Dec. 21 and was immediately executory.

In the petition, the SMNI said the order violated several provisions of the Constitution, including the right to due process and freedom of speech as well as the separation of powers.

Suplico said the suspension order was issued even as the SMNI has yet to respond to the complaint filed against it.

“We were given 15 days to file our response, but ang problema nito binigyan kami ng pagkakataon mag-respond but may suspension na (the problem is we were given a chance to respond, but the suspension order has already been issued),” Suplico told journalists in an interview, adding this was a violation of the Constitution and an abuse of power.

SMNI said the suspension violated the due process clause of the Constitution and the separation of powers between the executive and legislative as the NTC “surrendered” its authority to the House of Representatives, which earlier called for the suspension of network.

Early this month, the House committee on legislative franchises adopted a resolution urging the NTC to suspend the franchise of SMNI.

The committee cited numerous violations of the terms and conditions of the franchise, which stemmed from SMNI’s alleged dissemination of fake news and red-tagging.

The House, in its hearings, found that the network violated its franchise thrice, when it allegedly failed to obtain congressional consent for the change of ownership of its shares of stock, distribute 30 percent of its ownership to the public and fulfill its responsibility to the public when it supposedly spread misinformation and threats.